Clark v. Dalman

I agree with, my Brother’s reason why plaintiff cannot recover under count one. Justice Kavanagh states:

“Since the plaintiff was not a party to the contract in any sense of the term, he cannot enforce an obligation created by it. Neither the contract nor any of its provisions was designed to give him a benefit of any kind.”

I disagree with his finding that plaintiff can rely on that same contract to maintain his action in tort.

No decision of this or any other State has been called to attention that would give the right to plaintiff to rely upon and prove the provisions of a contract between…